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_agenda 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1 CITY OF SOUTH MIAMI City Commission Steven J. Alexander Philip K. Stoddard, Ph.D, Mayor City Manager Bob Welsh, Vice Mayor Maria M. Menendez, CMC Walter Harris, Commissioner City Clerk Josh Liebman, Commissioner Thomas F. Pepe, Esq. Gabriel Edmond, Commissioner City Attorney CITY COMMISSION MEETING AGENDA TUESDAY, FEBRUARY 16, 2016, 7:00 PM CITY HALL/COMMISSION CHAMBERS 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSON WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE PRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, OR VERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANY MATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNER OTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM MUST BE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT UNTIL THE SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE COMMISSION CHAMBER. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE COMMUNICATION DEVICE, SUCH AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSIONIS IN SESSION. PHONE RINGERS AND OTHER DEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF PROCEEDINGS. INDIVIDUALS MUST EXIT THE CHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED BY THE PUBLIC DURING ANY PORTION OF THE MEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.” A. SILENCE OR TURN OFF ALL CELL PHONES B. ADD-ON ITEM(S) C. ROLL CALL D. MOMENT OF SILENCE E. PLEDGE OF ALLEGIANCE F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN REGISTERED WITH THE CITY CLERK G. PRESENTATIONS H. APPROVAL OF MINUTES a) Minutes of February 2, 2016 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 2 I. CITY MANAGER’S REPORT J. CITY ATTORNEY’S REPORT [City Attorney reminder: Remarks are limited to those matters that are not quasi- judicial. Any comment on a quasi-judicial matter may be made when the item is called and the speaker is under oath.] K. PUBLIC REMARKS L. COMMISSION REPORTS, DISCUSSION & REMARKS M. CONSENT AGENDA 1. A Resolution authorizing the City Manager to expend an amount not to exceed $9,890.96 to Welch Tennis Court, Inc. for the purchase of tennis equipment and supplies at Dante Fascell Park tennis facility. 3/5 (City Manager-Parks & Recreation) 2. A Resolution authorizing the City Manager to enter into a contract with Firepower Displays Unlimited, LLC for the City’s 2016 Fourth of July fireworks display for an amount not to exceed $10,000. 3/5 (City Manager-Parks & Recreation) 3. A Resolution authorizing the City Manager to expend an amount not to exceed $9,259.33 to Resource 4 Floors for the installation of new carpet at the Gibson- Bethel Community Center. 3/5 (City Manager-Parks & Recreation) 4. A Resolution authorizing the City Manager to negotiate and to enter into a contract with Fast-Dry Courts, Inc. for resurfacing tennis clay courts at Dante Fascell Park. 3/5 (City Manager-Parks & Recreation) 5. A Resolution authorizing the City Manager to purchase and install new outdoor fitness equipment from Greenfields Outdoor Fitness through a piggyback agreement from the Clay County, Florida RFP No. 13/14-8 for an amount not to exceed 41,245.60. 3/5 (City Manager-Parks & Recreation) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 3 6. A Resolution approving Das Renn Treffen to hold its second annual Porsche car show on Sunday, March 6, 2016, on Sunset Drive from 57th Avenue to South Dixie Highway. 3/5 (City Manager-Parks & Recreation) 7. A Resolution authorizing the City Manager to permit VolksBlast, Inc. to hold its annual car show event on Sunday, February 28, 2016, on Sunset Drive from South Dixie Highway to 57th Avenue and to waive city fees and services. 3/5 (City Manager-Parks & Recreation) 8. A Resolution authorizing the City Manager to execute Amendment One to the fiscal year 2015 grant agreement with Miami-Dade County for the After School House (Tutoring) grant. 3/5 (City Manager) 9. A Resolution authorizing the City Manager to execute Amendment One to the fiscal year 2015 grant agreement with Miami-Dade County for the South Miami Senior Meals grant. 3/5 (City Manager) 10. A Resolution declaring that the personal property, described in the attached list, is “surplus” and authorizing the City Manager to dispose of the “surplus” items. (City Manager-Central Services) 3/5 11. A Resolution authorizing the City Manager to purchase an electronic fuel monitoring board from Petroleum Testing Services Inc. 3/5 (City Manager-Public Works) 12. A Resolution authorizing the City Manager to execute the fiscal year 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Agreement for the purchase of two tablet computers for South Miami Police Officers in the amount of $2,739. (City Manager) 3/5 13. A Resolution authorizing the City Manager to execute Amendment One to the agreement for the SW 64th Street, between SW 57th Avenue and 62nd Avenue (Bike Lanes) project with Miami-Dade County. 3/5 (City Manager) N. RESOLUTION(S) 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4 14. A Resolution authorizing the City Manager to permit Team FootWorks Educational and Fitness Corporation, a non-profit organization, to hold a 5K Run/Walk Military Tribute on Sunday, March 13, 2016, beginning at 76th Terrace and 58th Avenue, ending at 57th Court and 73rd Street and to waive the cost of parking meters. 3/5 (City Manager-Parks & Recreation) 15. A Resolution encouraging City of South Miami residents, business, vendors and visitors to cease using and purchasing products made from expanded polystyrene, and replacing expanded polystyrene products with reusable, recyclable, and compostable alternatives that are safer for human health and the environment. 3/5 (Mayor Stoddard) O. RESOLUTION(S) PUBLIC HEARING(S) QUASI-JUDICIAL WARNING: 16. A Resolution of the City of South Miami relating to the Final Plat approval for the subdivision of property located at 5989 SW 80TH Street, South Miami Florida. 3/5 THE FOLLOWING MATTERS ARE CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE RESTIRCTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. (City Manager-Planning & Zoning) P. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) (NONE) Q. ORDINANCE(S) FIRST READING(S) (NONE) R. ADJOURNMENT PURSUANT TO FLORIDA STATUTE 286.0105, THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDIGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY 6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 5 THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START OF REGULAR COMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR APPROVED BY THE COMMISSION, AND THE COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY OTHER SPEAKER.” WARNING REGARDING EX PARTE COMMUNICATIONS : “EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC OFFICIAL, AND AN APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI-JUDICIAL HEARING WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDA STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS TO BE MADE. ALL DECISIONS MADE AT A QUASI- JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL EX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY QUASI-JUDICIAL DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE. PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW THE USE OF EX-PARTE COMMUNICATIONS AS FOLLOWS: 1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION AND THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE, AS SOON AS PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND MADE A PART OF THE RECORD AT THE HEARING BEFORE FINAL ACTION ON THE MATTER. 2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN COMMUNICATION THAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL NOT BE PRESUMED PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF THE RECORD BEFORE FINAL ACTION ON THE MATTER. 3. A LOCAL PUBLIC OFFICIAL MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT OPINIONS REGARDING QUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH ACTIVITIES AND THE EXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE RECORD BEFORE FINAL ACTION IS TAKEN ON THE MATTER. 4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE PUBLIC MEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE EXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE COMMUNICATION. IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THE COMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY COMMISSION HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD RESULT IN THE ACTION TAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOT ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISE BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THE DETRIMENT OF THE CITY AND OTHER PARTIES.